BILL ANALYSIS Ó AB 1410 Page 1 Date of Hearing: April 30, 2013 ASSEMBLY COMMITTEE ON VETERANS AFFAIRS Al Muratsuchi, Chair AB 1410 (Committee on Veterans Affairs) - As Introduced: March 13, 2013 SUBJECT : Courts-Martial Appellate Panel SUMMARY : Codifies the Courts-Martial Appellate Panel (CMAP) for the California Military Department. Specifically, this bill : 1)Provides that: a) The CMAP shall consist of three justices to hear matters described in Section 458.1 of the Military and Veterans Code. b) The Governor, by general order, shall appoint the three justices who have experience and training in the field of military law. c) The panel shall conduct itself as a three-justice court. 2)Mandates that: a) A justice shall not be liable civilly or criminally for any act or acts done by them in the performance of his or her duty, as described in Section 472. b) A justice shall be subject to a code of judicial conduct in accordance with applicable the United States Army and the United States Air Force regulations. c) A justice shall sit for four years upon which his or her appointment shall be terminated or upon acceptance of his or her resignation by the Adjutant General, whichever occurs first. d) A justice shall be paid at the rate of a federal O-6, a military pay grade, only while in session. e) The CMAP may be convened by the President of the United States, the Governor, or the Adjutant General. AB 1410 Page 2 3)Directs that the CMAP shall have power over the following: a) The issuance of extraordinary writs relative to all matters arising under the following: i) The provisions of the Military and Veterans code. ii) The Uniform Code of Military Justice. iii) Any regulation issued by the Governor pertaining to members of the California active militia. iv) Court-martial actions pending before any military judge of the California Military Department. b) Adjudicating appeals of sentences of a court-martial that have been approved by the convening authority, as described in Section 455.1, and which include: i) Dismissal, in the case of a commissioned or warrant officer. ii) Dishonorable discharge, in the case of an enlisted man or woman. iii) Bad-conduct discharge, in the case of an enlisted man or woman. iv) Forfeiture of all pay and allowances. v) Any confinement. 4)Mandates that the practices and procedures of the CMAP shall follow the federal Manual for Courts-Martial described in Section 102 and the California Manual for Courts-Martial. 5)Specifies that with regard to any matter adjudicated by the CMAP, the reported decisions of the United States Court of Appeals for the Armed Forces shall have direct precedential authority to such matters unless otherwise directed by the CMAP. 6)Directs that the precedential decisions of the CMAP shall be posted in a conspicuous place. EXISTING LAW : 1)The California Military Department can prosecute Soldiers and Airmen in accordance with California Military and Veterans Code (MVC), specifically MVC §450 et seq. 2)The MVC establishes Summary, Special and General AB 1410 Page 3 Courts-Martial. 3)The federal courts-martial appeal authority and procedures are statutorily authorized in the federal Uniformed Code of Military Justice (UCMJ), Chapter 47 of Title 10 of the United States Code. 4)The Department's appellate court is authorized by a Governor's General Order (GGO) that was issued first by Governor Gray Davis in 2002, followed by an identical GGO issued by Governor Arnold Schwarzenegger in 2007. FISCAL EFFECT : Unknown at this time. COMMENTS : A court-martial is a military court that the Department uses approximately seven times per year. The courts which are explicitly authorized by statute are listed in MVC section 450, and they are: (a) general courts-martial; (b) special courts-martial; (c) summary courts-martial; and (d) courts of inquiry. It currently provides appeals from Courts-Martial under authority flowing from a GGO issued by Governor Schwarzenegger in 2007. The Department follows the Manual for Courts-Martial. The CMAP would be similar to the first level of appeals provided for in the UCMJ and the Manual for Courts-Martial. The justices would be appointed by the Governor for their terms but only convened as necessary to hear appeals. This bill will not create a standing court. Despite GGOs, no explicit statutory authority exists for the CMAP. Without statutory authority, the legality of the CMAP can be called into question by the defense attorney of a Soldier or Airman convicted by courts-martial. An appellate court must be established in code to provide Servicemembers with a formalized and legally sufficient appellate process. REGISTERED SUPPORT / OPPOSITION : Support None on file. Opposition AB 1410 Page 4 None on file. Analysis Prepared by : John Spangler / V. A. / (916) 319-3550